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  • saurav_4096
    03-14 11:22 AM
    I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.

    Hi nfinity,
    I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
    1. mumbai consultate,
    2. POE
    3. If you have any additional tips.


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  • qplearn
    10-01 02:24 PM
    It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
    This is exactly the situation that one of my colleagues finds himself in.

    So one temporary solution to all of this is the ability to file for I-140 and 485 even when labor is pending.

    I have full sympathy for your colleague. That is a nightmarish situation.

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  • amitjoey
    07-15 04:56 PM
    We were successful in getting good media coverage with flower campaign. Our San Jose rally is getting good regional coverage. Yes, we haven't had the expected success with national media yet but we are gaining traction at an amazing pace.

    This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion

    That is absolutely right, it is our job to write to reporters and call them, if we want good publicity. Please digg, write to reporters, do not just wait on the sidelines and see if we have gotten any coverage. We wont get any by just being on the forums discussing.

    On a second note, gsc999 worked very hard organising the San Jose rally, and personally I saw a lot of dedication on his part and some other members. People came upto him and asked him to arrange another rally next week. He answered it very well. Why dont people take ownership and organise things on their own, rather than just giving out suggestions and expecting other people to do the tough work.

    augustus, you are right when you ask "why are the bigwigs media outlets not reporting this event?", inspite of us sending so many emails. The anwer is, it is just a few like you, who have sent emails. Most of the people have not sent any emails, or talked to any reporters.

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  • number30
    09-27 03:40 PM
    My Priority date is Jun 2006 and applied in EB3 category.

    Are you sure it is an approval?


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  • Cheran
    04-08 02:16 PM
    There is a correlation between election year and immigration. But if that works out, lets say they make the priority date current, it does not matter whether you filled in 2005 or 2007. Now, we are assuming that they will make the date current. You never know, they might bring some weird rule, which take the priority date as a criteria. So what I am saying is, its your call. If I were in your position, I would wait atleast until we get some answers about the new initiatives....

    Hi all,

    One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.

    I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.

    Please let me know, if any of you agree with him.

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  • unseenguy
    06-18 06:51 PM
    It is currently taking a long time to adjudicate MTR's ( for some more than a year or so ) . I would say file a MTR and also file a new perm labor . I suggest going with EB3 rather than EB2 since rules for EB2 are now more stricter than before along with more scrutiny and RFE's. But its your own choice.

    I think the new labor would get approved before you get a response for your MTR. If they clear the original labor well and good or else you would at least have the new one .

    Before answering something like this, you should know what you are answering.


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  • sheela
    09-25 01:47 PM
    Name check and fingerprint check are different. Fingerprints are generally getting cleared next day. Not the same with namecheck.

    How to know whether NC is cleared. Is there a number to call for confirmation?

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  • ps57002
    10-04 09:02 PM


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  • bbenhill
    03-05 06:30 PM
    btw her location will be @ Portland, Oregon.



    My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.

    Any idea how to get insurance for her ?

    Really appreciate your help ..


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  • vin13
    03-09 01:17 PM
    Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?

    Right, one can own but not run a business with H1-B, but can own and run with EAD.


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  • isthereawayout
    02-22 11:30 AM
    I am trying to port from EB3-EB2 from the same employer.

    Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:

    Required: BS+3
    MS+1 also accepted
    Experience in technologies A,B,C,D

    I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.

    Experience in technologies A,B,C,D

    Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
    Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?

    Any replies are really appreciated.

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  • chantu
    06-19 09:35 AM
    my mom gave up her green card back in early 80's and she has had no problems what so ever in getting vistors visa since then (in fact it made it easier to get vistors visa (for the entire family) because it clearly shows no intention of migrating to US).

    Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D


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  • northstar1
    07-15 08:54 PM

    Pls take a moment to digg the washington post coverage of the SJ rally. It's made it to the first page of digg. Lets get it to the top by Monday morning.

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  • jlt007us
    09-14 04:03 PM
    Get back on H1b ASAP and do not wait for the Appeal decision. Have them file for a CP H1b approval if not EOS and get a visa and return back on H1b. Your EAD is invalid and you need $$$ to fight a case and remain in status.

    Good Luck!

    Can we file for another H1 when an appeal is pending for extension? On what basis can I file extension? I believe the underlying labor becomes invalid when I-140 is denied.


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  • ping1
    07-17 05:48 PM
    Dear Lofgren,

    Thank you very much for your effort.

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  • desibob
    06-21 01:08 PM

    Any RFEs? Is so - can you give some details like what was it, when was it?



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  • reddymjm
    03-16 12:20 PM
    expect an RFE in a month or two. Also fill in your profile to help others...

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  • satishku_2000
    11-29 04:01 PM
    Hello Gurus,

    I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.

    Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?


    did you use AC21 and inform USCIS?

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  • sayantan76
    07-16 02:29 PM
    NSC is famous for being the slowest of them, sorry to break your heart.
    My I140 and 485 were filed in Dec'2006. I got my I140 approval notice (email alert from USCIS) last week.

    04-19 08:03 PM
    It ought to have some impact on members of Congress.

    Atleast somebody talked abut legals and their problems...Here's the link..


    Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs

    April 12, 2007


    The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world�s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.

    The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.

    The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a �computer-generated random selection process� to determine which of these needed workers will be excluded.

    Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers�from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country�s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
    Raising the EB cap and exempting specific highly skilled professionals in
    sciences, arts, business, and other critical fields from the final allotted number.
    Allowing foreign students who have earned advanced degrees from American
    universities, as well as from foreign universities, in science, technology,
    engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
    visa cap numbers.
    Designing the H-1B visa cap numbers around a market-based annual adjustment,
    rather than an arbitrary fixed number.
    The creation of an entire new visa category that would allow STEM students,
    studying in the United States on a student visa, to seamlessly transition to a green
    card when offered a job.
    The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.

    On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.

    R. Bruce Josten

    07-24 02:58 PM
    As per my attorney, one year validity is recommended, but, I myself had only 10 months validity in my PP, she said it’s ok and we applied I-485..

    BTW, for safer side I just renewed my PP in NY Consulate..If your are going to NY Consulate in-person . It will be get done on same day..

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